The Park Harvey Stole My Deposit!

[OUMallen]

Well, I'm not much for drama, but I promised the staff at the Park Harvey and Gardner Tenenbaum that I would be telling my story to as many people as I could if they would not work with me, so here it is.

I currently live in the Classen Tower. It's been great, the staff has been great, and I basically have zero complaints other than the sirens at night (and that's no one's fault). I was looking to move out, as my roommate is getting married, and I looked into the Park Harvey due to its location and my positive experience with the Classen.

After looking at several places and visiting the PH multiple times, I sat down with a leasing agent at the PH to talk about prices and application. I was told verbally that the $50 "administrative fee" was non-refundable, but the $150 "deposit" was refundable. This seemed off to me, and I was not yet comfortable giving a deposit as I was only about 80% sure about wanting to live there. However, after I was once again verbally assured that the deposit was refundable if I gave early enough notice of my change of heart. I believe her exact words were "as long as you don't wait until, like, right before you're supposed to move in to tell us." Due to this false misrepresentation, we zoom through the paperwork so I can get back to the office (I bet you can see where this is going now...)

That was on 5/6/08. My move-in date was set at June 27th. (Relevant info- they offer to hold apartments for free for "30-45 days" without a deposit anyway!) I had not yet signed any lease. On May 14th (barely a week later, and approx. 6 weeks before move-in), I requested my deposit back, minus the $50 administrative fee that I was told was non-refundable.

I was denied this request. I asked why, and they stated the form said it was not refundable in this manner. Well, the form does indeed say this. I tell them- hey, I was lied to by your leasing agent, I think I deserve at least a portion, if not all of my deposit back. We go back and forth for a bit, and then I demand that if I don't get my deposit back that I should receive the value for which it was given (namely- hold that apartment open and NOT leased until my move-in date in case I decide to take it). They will NOT confirm that they will hold the apartment open, nor will they offer any portion of the deposit back. She then proceeds to ignore my emails.

These discussions were with the building manager (no need to name names). I acquire her boss's name and email, and put a call into him. I inform the building manager that I have done so and THEN she responds to my email (of course). She finally claims she doesn't have the authority to refund my deposit...which is probably a lie, but I don't know that for sure, so I just tell her that's fine and I'll be taking it up with her supervisor.

So, enter supervisor- I email him ALL the email threads that have been created. He says he's going to fax me a copy of the applicaiton, but I tell him I am sure that he is correct and that it says it's not reundable in that manner, but that the point is I was fraudulently induced into signing the application and giving the deposit in an unlawful manner (which is true). I never receive the fax (he might have sent it, who knows). I email him again today, asking for his attention to this matter, and he faxes the copy of the application, which I receive. I email him saying that- I already agreed with you that it says what it says; the problem is that I was lied to in signing it. I further explained that what happened was unlawful, and you can't play "gotcha" with contracts by lying to induce someone to sign it. He responds with "I talked to XXX and YYY (the leasing agent that lied to me and also the building manager) and found no evidence of a misrepresentation."

Well, of course that's a little offensive to imply I am lying over $150. Honestly, I don't need the money. It's just that I was lied to and these apartment towers and complexes always play hide the ball with deposits. I have been a good tenant with rent on-time, every time with their company at the Classen for over 7 months, but apparently that holds no water with them. They won't even agree to hold my apartment open and unleased at this point. I have told them that what is happening is fraudulent, and could carry a remedy of punitive damages should I decide to press my case. Obviously, it's not worth the time so much, but they should realize the positions they have created.

So, said all that to say this: not that you didn't already know that apartment management is often money-grubbing and shady when it comes to deposits, but the Park Harvey's staff is at LEAST incompetent in relations, maybe just DISHONEST to a degree, and possibly as bad as COMPLETELY IMMORAL and UNALWFUL when it comes to the acquisition of deposits and your name on the bottom line.

If you have any questions, feel free to respond in this thread or to PM me. In all fairness, if you want their side of the story: 232-3700.

[olevetonahill]

Id burn em out !

[Sooner Born Sooner Bred]

Sorry you're getting screwed, but it really boils down to a case of "she said/he said." Whatever you signed seems like the binding document, not the verbal instructions.

[OUMallen]

Yeah, it usually goes that way because people think that's the "law" but it ain't. I am supposed to get an answer tomorrow, it would seem. I'll post the happy ending if there is one.

[olevetonahill]

Prolly Need Phil, Homey and a fewe others to join in here
But from what little I know
The Paper wit your NAME onit Out speaks .

[Jimminy Crimson]

I'll post the happy ending if there is one.

:les: THIS IS A FAMILY FRIENDLY BOARD!!!!1!1!!!11!

:D

[OUMallen]

I'm a member of the bar, and it's called fraud in the inducement, or fraud in factum, depending on the facts. One renders the contract void, and the other renders it voidable.

Think about it this way- imagine how commerce would grind to a halt if people were allowed to lie to you about the effect of the instrument you are about to sign, and then say "too bad, you signed it, gotcha, hahaha" to your financial detriment! We don't allow it to happen that way. It's a common misconception that people can lie to get you to sign a document, then walk away scot-free simply because you signed it.

[olevetonahill]

Then kick thier *** and quit cryin !

[OUMallen]

That's the idea! :) My public campaign against them at the moment is the beginning.

[olevetonahill]

That's the idea! :) My public campaign against them at the moment is the beginning.

Good Luck
you say your a Lawyer and You didnt READ what you signed ?
:rolleyes:

[OUMallen]

You know, you tend to believe what the leasing agent tells you, as they are paid to walk you through the documents, smartass.

[olevetonahill]

You know, you tend to believe what the leasing agent tells you, as they are paid to walk you through the documents, smartass.

Thats me :D
You Believed them NOT ME . You signed the Papers NOT me .
Now Your are Crying NOT me .
YOU say your an attorney and you can beat em cause they Lied to YOU :D
Thats rich

[47straight]

Deceptive Trade Practices Act is your friend. You can get attorney's fees, which makes it all worth going after $150.

[Sooner_Havok]

Thats me :D
You Believed them NOT ME . You signed the Papers NOT me .
Now Your are Crying NOT me .
YOU say your an attorney and you can beat em cause they Lied to YOU :D
Thats rich

smartazz:P

[soonerbrat]

always read what you sign. didn't they teach you that in law school?

[mdklatt]

always read what you sign. didn't they teach you that in law school?

In law school they teach you how to do the screwing, not how to avoid it.

[AlbqSooner]

I used to agonize over my client's who signed stuff and then said they didn't know what it said. Lawyers, in my experience, are atrocious at taking care of their own legal affairs. Much the same as Doctors who never get around to a physical. (My dad is a retired physician so I also have some experience in this realm.)
A jury, or other fact finder, might forgive ole vet for not reading the fine print and relying on the now denied oral representations of the agent, but if they have any idea that you are a lawyer, your failure to read the fine print will most likely be fatal to your case. Your only chance would be to win on summary judgment, which you cannot do since they deny the representations were made, hence creating a fact question for the jury.

The whole world knows leasing agents and deposits are sticky ground. The whole world should know that you read any document related to those relationships PRIOR to signing them.

[AlbqSooner]

You know, you tend to believe what the leasing agent tells you, as they are paid to walk you through the documents, smartass.

Paid by whom?

[soonerbrat]

oh, by the way...how much are those apartments? i was thinking about moving downtown.

[OUMallen]

Thats me :D
You Believed them NOT ME . You signed the Papers NOT me .
Now Your are Crying NOT me .
YOU say your an attorney and you can beat em cause they Lied to YOU :D
Thats rich

I can tell you might not have gone to any school given your grammar. You're so brilliant and smart nothing like this would ever happen to you. WTF is your problem anyway? You just love when people lie about contracts and take money under false pretenses?

[OUMallen]

I used to agonize over my client's who signed stuff and then said they didn't know what it said. Lawyers, in my experience, are atrocious at taking care of their own legal affairs. Much the same as Doctors who never get around to a physical. (My dad is a retired physician so I also have some experience in this realm.)
A jury, or other fact finder, might forgive ole vet for not reading the fine print and relying on the now denied oral representations of the agent, but if they have any idea that you are a lawyer, your failure to read the fine print will most likely be fatal to your case. Your only chance would be to win on summary judgment, which you cannot do since they deny the representations were made, hence creating a fact question for the jury.

The whole world knows leasing agents and deposits are sticky ground. The whole world should know that you read any document related to those relationships PRIOR to signing them.

Wow, what an opinion...people generally know that apts can act unlawfully, so that makes it MY fault when they act unalwfully? Are you sure you finished law school, or are you just really jaded?

[olevetonahill]

I can tell you might not have gone to any school given your grammar. You're so brilliant and smart nothing like this would ever happen to you. WTF is your problem anyway? You just love when people lie about contracts and take money under false pretenses?

YUp They had to burn the school down to get ME outta the 3rd grade :D
Didnt say I hadnt been burned for a few hindred bucks in my Day. But I never went on a Message board and cried about it, Nor said How smart I was , so Im gonna get it Back .
You go Boy
trying to follow your logic here Is like chasin a chicken .:cool:

[Rogue]

trying to follow your logic here Is like chasin a chicken .:cool:

I may have to update my sig.

[olevetonahill]

I may have to update my sig.

:D

[Rogue]

Internet tough guy police:

http://i126.photobucket.com/albums/p99/cjrogue/lol.jpg

[olevetonahill]

Internet tough guy police:

http://i126.photobucket.com/albums/p99/cjrogue/lol.jpg

LMFAO

[mdklatt]

Talk about getting your panties in a wad. I think the n00b should stick to the football board or the fark board or wherever.

[olevetonahill]

Talk about getting your panties in a wad. I think the n00b should stick to the football board or the fark board or wherever.

Or what Rogue said ;)

[Sooner24]

Thats me :D
You Believed them NOT ME . You signed the Papers NOT me .
Now Your are Crying NOT me .
YOU say your an attorney and you can beat em cause they Lied to YOU :D
Thats rich

Isn't that how they suckered you into the service? :eek:

[olevetonahill]

Isn't that how they suckered you into the service? :eek:

Nope I got this Nice letter that started out
Greetings

[sooneron]

This thread = entertainment

[Jimminy Crimson]

Be nice to Mallen, he's a good kid.

This makes me laugh, knowing who owns the building. Heh. :cool:

[Frozen Sooner]

So, yeah, folks, let's chill a little with the personal attacks.

Mallen, I think you've misread what AlbqSooner was trying to tell you. He wasn't saying that you weren't wronged, he's saying that if you, as an attorney, go in front of a judge and say "They told me this was in the contract" and they say they didn't, you're going to have a tough row to hoe. That's all.

[AlbqSooner]

Wow, what an opinion...people generally know that apts can act unlawfully, so that makes it MY fault when they act unalwfully? Are you sure you finished law school, or are you just really jaded?

In answer to your questions:

It makes it your fault that generally knowing that you did not read the contract prior to signing.

Yes to both questions in the final sentence. The increasing number of whiners in the profession has jaded me.

[Sooner Born Sooner Bred]

If they hold the apartments for free, then why did you pay them the $150? Isn't that like an earnest payment when you buy a house?

Also, it seems like you felt uneasy about the transaction from the start, so why did you go through with it?

[soonerbrat]

for someone who isn't much for drama, that guy sure is beign dramatic

[Viking Kitten]

Yup. This thread is chock-full of both drama and comedy. Quick, somebody have sex with Yermom, then commit suicide. Then we'll have tragedy too!

[Sooner24]

Yup. This thread is chock-full of both drama and comedy. Quick, somebody have sex with Yermom, then commit suicide. Then we'll have tragedy too!

Can it be Sic'em?

[C&CDean]

Yup. This thread is chock-full of both drama and comedy. Quick, somebody have sex with Yermom, then commit suicide. Then we'll have tragedy too!

Just having sex with yermom would be tragedy enough. No need to off yourself.

And all this time I thought Mallen was a she. Don't really know why.

[soonerbrat]

Just having sex with yermom would be tragedy enough. No need to off yourself.

And all this time I thought Mallen was a she. Don't really know why.

because she's such a drama queen?

[soonerbrat]

wait...is there anything indicating that s/he is a he?

[soonerinabilene]

If they hold the apartments for free, then why did you pay them the $150?

Logic, obviously, is sitting on the bench in this game.

[mdklatt]

Quick, somebody have sex with Yermom, then commit suicide. Then we'll have tragedy too!

Which part is the tragedy?

:pop:

[Sooner Born Sooner Bred]

OU Mallen has been noticably absent today. Quick! Someone check the police scanner for suspicious activity in the downtown area!

[Jimminy Crimson]

Mallen is a he, whose whereabouts are known... haha

[C&CDean]

Mallen is a he, whose whereabouts are known... haha

Go on...

[Jimminy Crimson]

I think he's actually working right now, but I have heard from him today.

[soonerbrat]

i walked over to the park harvey a few minutes ago and got a togo menu from that sushi place

i kinda want to move in there so i can walk to work

[C&CDean]

i walked over to the park harvey a few minutes ago and got a togo menu from that sushi place

i kinda want to move in there so i can walk to work

Judas H Priest chugging a ****ing donut-laden malted milk shake. How much are you gonna eat today anyhow?

[Pricetag]

Sick one of your local news stations on them. They might cough up the dough to get their name out of the news.

[mdklatt]

i walked over to the park harvey a few minutes ago and got a togo menu from that sushi place

Is "togo" a kind of sushi?

[Beef]

TOGO! TOGO! TOGO!

[soonerbrat]

Judas H Priest chugging a ****ing donut-laden malted milk shake. How much are you gonna eat today anyhow?

i didn't eat anything, i just needed some air and got a to go menu for future reference. sheesh.

[soonerbrat]

to. go.
i hate you.

[soonerbrat]

AND JUST BECAUSE ALL THAT FOOD WAS IN THE BREAK ROOM DOESN'T MEAN I ATE EVERYTHING!

[C&CDean]

Do I detect a guilty conscience?

[soonerbrat]

no. i was actually really good. I had one of the fruit/walnut/yogurt snacks for breakfast, and the sausage and eggs from the taquito (not the tortilla), a half a piece of lasagna & half a piece of cheesecake for lunch and that's all. I did get some of the brisket to take home for dinner though. OH and I had 2 pickle spears.

[soonerbrat]

what I really wanted was a Krispy Kreme.

[Rogue]

no. i was actually really good. I had one of the fruit/walnut/yogurt snacks for breakfast, and the sausage and eggs from the taquito (not the tortilla), a half a piece of lasagna & half a piece of cheesecake for lunch and that's all. I did get some of the brisket to take home for dinner though. OH and I had 2 pickle spears.

Are you in a family way? :pop:

[soonerbrat]

Are you in a family way? :pop:

oh HELL no

[olevetonahill]

Shouldnt we have heard by now . On the success of the Missing Deposit retrieval ?
Or did Brat eat it ?

[Sooner Born Sooner Bred]

Wait. Jimminy and Mallen are dating?

[soonerboomer93]

so the texas aggies have list eater and we have Brat the deposit eater?

[soonerbrat]

i did not eat that man's deposit.

[achiro]

Didnt say I hadnt been burned for a few hindred bucks in my Day. But I never went on a Message board and cried about it,

Thats because there was no internet, but it explains the recently discovered cave hieroglyphics that say "I want my money bitch"

[mdklatt]

i did not eat that man's deposit.

I was giving brat a hard time yesterday, so I'm just gonna let this one slide. :cool:

(But don't let that stop anyone else.)

[OUMallen]

Jimminy and I have been together for a very, very long time. :)

I must post that after conversation with the vice president of the multi-family division of the GTG, we came to a 100% fair for both parties, amicable solution. He was more than willing to work with me, regretted the situation, and took into aco**** that I had been a tenant with GTG.

Although the story above is true, I want to say that even though it took some effort to get to the right person, I was treated in a fair, friendly, and equitable way. If wasn't GTG that made this mistake, it was one leasing agent, so I want to be fair about the above post and how it all worked out positively in the end.

[C&CDean]

Jimminy and I have been together for a very, very long time. :)

I must post that after conversation with the vice president of the multi-family division of the GTG, we came to a 100% fair for both parties, amicable solution. He was more than willing to work with me, regretted the situation, and took into aco**** that I had been a tenant with GTG.

Although the story above is true, I want to say that even though it took some effort to get to the right person, I was treated in a fair, friendly, and equitable way. If wasn't GTG that made this mistake, it was one leasing agent, so I want to be fair about the above post and how it all worked out positively in the end.

:( We were hoping to see something on the news about a hostage situation down there with some crazy dude named Mallen in the center of it...;)

[soonerbrat]

Jimminy and I have been together for a very, very long time. :)



NTTAWWT

[r5TPsooner]

This thread is a perfect reason why you can't always judge the quality and entertainment value of a thread by its title.

BTW, in your last post you said that you were treated 100% fairly by the parties involved. If that's so, why the need to post a thread complaining on how you were treated to begin with?

Just askin.

[olevetonahill]

So did you get yer Bucks back or what ?

[OUMallen]

:( We were hoping to see something on the news about a hostage situation down there with some crazy dude named Mallen in the center of it...;)


Screaming away that I want $150 or the old lady gets it!!

I posted the thread origianlly for two reasons: 1) I told the Park harvey many times over the past month I would post this publicly if this injustice stood (they peed on your freaking rug, Dude), and 2) just to remind people that apartment-types are often shady. I posted the conclusion of the story to be compeltely fair to Gardner Tenenbaum, since they made it right. I am going to receive a prorated portion of the deposit. He offered more than that, but I thought it would be unfair in my favor if I accepted that. All parties are happy now. Faith in humanity restored. yadayada

[olevetonahill]

So you SOLD out !

[r5TPsooner]

I'd never turn down money... especially if it were mine to begin with.

I'm just a spiteful Republican I guess. :)

[soonerbrat]

I WANT MY HUNDRED FIFTY DOLLARS!

[olevetonahill]

I WANT MY HUNDRED FIFTY DOLLARS!

You ate it !:P

[OUMallen]

I sold out to the white man....

I think it was the most fair solution possible, and the guy with whom I spoke was really, really helpful.

[soonerbrat]

http://www.collider.com/uploads/imageGallery/Better_Off_Dead/better_off_dead_movie_image__1_.jpg

[olevetonahill]

Youve Posted ALL the details up till Now
Come on fess up How bad did they screw you ?
whatch gonna get back 25 bucks ?

[OUMallen]

I'm not sure what the exact amount will be. We agreed to prorate the $150 from the day they took it until the exact day they re-leased the place...so it's going to be something between like $70 and $135. I don't know the date they re-leased the apartment.

[soonerbrat]

so what are the rates at the Park Harvey, i was seriously considering moving there.

[olevetonahill]

so what are the rates at the Park Harvey, i was seriously considering moving there.

200 Bucks to reserve one
Dayum pay tention woman :D

[OUMallen]

You can get some good info if you swing by there. The apt I was looking at was on ther 17th floor (but NO view; windows faced into another building), and WITH BILLS INCLUDED I think it was like $835. It was a grand studio, so there's not a compeltely shut-off bedroom.

[soonerbrat]

You can get some good info if you swing by there. The apt I was looking at was on ther 17th floor (but NO view; windows faced into another building), and WITH BILLS INCLUDED I think it was like $835. It was a grand studio, so there's not a compeltely shut-off bedroom.

damn, it's gone up since the last time someone I knew checked the rates

[OUDoc]

damn, it's gone up since the last time someone I knew checked the rates

So that was a trick question. Sneaky.

[soonerboomer93]

You ate it !:P

no she said she didn't eat it

apparently brat likes to spit instead

[Jimminy Crimson]

damn, it's gone up since the last time someone I knew checked the rates

Not sure if this is true or not, but I believe the higher you go in the building, the rates are more than for the same floorplan lower down...

I think the same applies to GTG's other tower, The Classen.

[soonerbrat]

Not sure if this is true or not, but I believe the higher you go in the building, the rates are more than for the same floorplan lower down...

I think the same applies to GTG's other tower, The Classen.

oh fabulous.

even on the higher floors i'll be saving money since I could walk to work from there. I"m spending about $400/month on gasoline right now

[Jimminy Crimson]

oh fabulous.

even on the higher floors i'll be saving money since I could walk to work from there. I"m spending about $400/month on gasoline right now

Depressing, isn't it? :hot:

[soonerbrat]

yes, it is! it's actually practical for me to move downtown. my company pays for monthly parking, so that's no worry..i could walk to work and i'd be closer to my daughter's school

[OUMallen]

Not sure if this is true or not, but I believe the higher you go in the building, the rates are more than for the same floorplan lower down...

I think the same applies to GTG's other tower, The Classen.

This is true. Beware the PH, though, because that pricing scheme applies to ALL the units, even the ones with zero view due to Leadership Square. If that's not a big deal to you, then there you go!

[soonerbrat]

i'm not sure i really care about the view. i'll go over there on my lunch hour and check it out sometime...i wanted to talk to them yesterday but the leasing agent was on the phone forever. i gotta sell or rent out my condo, too.

[Jimminy Crimson]

i'm not sure i really care about the view. i'll go over there on my lunch hour and check it out sometime...i wanted to talk to them yesterday but the leasing agent was on the phone forever. i gotta sell or rent out my condo, too.

Probably telling someone they can get their deposit money back! ;)

[olevetonahill]

Probably telling someone they can get part of their deposit money back! ;)

fixed ;)

[soonerbrat]

because she's such a drama queen?


:cry:

[soonerbrat]

for someone not into drama, someone is being VERY dramatic. negging me for a 2 month old thread? really?

The Park Harvey Stole... 8/1/2008 10:42 AM OUMallen Awww, cute. Being a jerk. Someone thinks apartments should be held accountable and now I'm a dramaqueen chick? Cute behind your keyboard.

[Sooner Born Sooner Bred]

Your avatar makes that really funny Brat.

[Animal Mother]

Just remember. An oral contract isn't worth th paper it's written on and I did not have unwritten sex with that young woman.

[soonerbrat]

Your avatar makes that really funny Brat.

i love that avvie.

[tommieharris91]

Did you make it yourself Brat?

[soonerbrat]

Did you make it yourself Brat?

nah, i'm not that skilled..i don't remember where i got it, honestly, i just had it my photobucket forever

[Okla-homey]

In answer to your questions:

It makes it your fault that generally knowing that you did not read the contract prior to signing.

Yes to both questions in the final sentence. The increasing number of whiners in the profession has jaded me.

I wasted 150 bucks worth of my time reading this thread. Who is going to reimburse me?;)

fraud in the inducement, schmaud in the schmaducement. Are you saying you would look the trier of fact in the eye and state categorically and truthfully you would NOT have signed but for their alleged oral statement your piddly 150 bucks was refundable?

I dunno where you went to law skool and you may have been a very good student, BUT, fraud in the inducement in this context is more like; You: I need a three bedroom apartment. Does this apartment have three bedrooms? Them: Why certainly! Please sign this rental agreement. And then, it turns out to be a two bedroom unit and they deliberately lied to you in order to induce you to sign.

Otherwise, that's why they call it a deposit. It is supposed to bind the person accepting their offer to rent the dang apartment. If people could just get their deposits back willy-nilly, what pray tell would be the point?